# Terms of Use

**Effective Date:** January 31, 2026
**Last Updated:** January 31, 2026
**Version:** 3.0

Welcome to MySolace. By accessing or using our platform, you agree to these Terms of Use. Please read them carefully.

**Service Operator:**
– **Company Name:** TRIAXIS LTD
– **Company Registration Number:** 16978369
– **Incorporated:** 21 January 2026
– **Registered Address:** 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom
– **Contact Email:** office@mysolace.me

## 1. Acceptance of Terms

By creating an account or using our services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use our services.

## 2. Eligibility

You must be at least 13 years old to use MySolace. By registering, you represent that you meet this requirement and have the legal capacity to enter into this agreement.

Parents/guardians of users under 16 (in EU) must provide consent.

## 3. Account Registration

– You must provide accurate and complete information when registering
– You are responsible for maintaining the security of your account and password
– You may not share your account credentials with anyone else
– You are solely responsible for all activities that occur under your account
– We reserve the right to suspend or terminate accounts that violate these terms, engage in fraudulent activity, or remain inactive for extended periods
– One account per person per email address

## 4. Membership Plans and Payment Terms

### 4.1 Available Plans (One-Time Lifetime Payment)

– **Memorial Plan (€45):** Create up to 2 human memorial profiles with photos, videos, and lifetime access
– **Pet Plan (€30):** Create up to 2 pet memorial profiles with photos, videos, and lifetime access
– **Obituary Plan (€10):** Create 1 public obituary profile for 30 days
– **Premium Plan (€90):** Create up to 4 human memorials, 4 pet memorials, and 4 obituaries with photos, videos, and lifetime access for memorials

### 4.2 Payment and Refund Policy

#### 4.2.0 General Payment Terms

– All payments are processed securely through Airwallex (PCI DSS Level 1 compliant)
– All plans are one-time lifetime purchases – there are NO automatic renewals or recurring charges
– Payment confirmation will be sent to your email within 24 hours
– **Taxes:** You are responsible for any applicable sales tax, VAT, or other taxes in your jurisdiction

#### 4.2.1 Refund Eligibility and Conditions

**CRITICAL: Read this carefully before purchasing**

– **Refund Window:** 14 days from date of purchase
– **Refund Condition:** NO memorial profiles have been created
– **Once you create ANY memorial profile, your purchase becomes FINAL and NON-REFUNDABLE**
– Refunds will be issued to the original payment method within 5-10 business days
– Processing fees (if any) are non-refundable

**Examples:**
– ✅ Refund Available: Purchased on Jan 1, requested refund on Jan 10, created ZERO memorials
– ❌ Refund NOT Available: Purchased on Jan 1, created 1 memorial on Jan 2, requested refund on Jan 5
– ❌ Refund NOT Available: Purchased on Jan 1, requested refund on Feb 1 (after 14 days)

#### 4.2.2 EU Right of Withdrawal Waiver (EU Customers)

**For customers in the European Union:**

Under the EU Consumer Rights Directive (2011/83/EU), you have the right to cancel digital content purchases within 14 days. However:

**By purchasing a MySolace membership plan, you explicitly acknowledge and agree that:**
– MySolace will provide immediate access to digital memorial creation services upon payment
– You expressly waive your right to the 14-day cooling-off period once you create a memorial profile
– You understand that creating a memorial profile constitutes full performance of the contract
– This waiver is given knowingly and voluntarily in accordance with Article 16(m) of Directive 2011/83/EU

**Before completing payment, you MUST confirm:**
☑ “I acknowledge that I am purchasing digital content with immediate access and I expressly waive my right to withdraw from this contract once I create a memorial profile.”

#### 4.2.3 UK Digital Content Rights Waiver (UK Customers)

**For customers in the United Kingdom:**

Under the Consumer Rights Act 2015, you have the right to cancel digital content purchases within 14 days. However:

**By creating a memorial profile, you:**
– Consent to immediate performance of the contract
– Acknowledge that creating a memorial exhausts your right to cancel
– Waive your cancellation rights in accordance with Section 36(1)(a) of the Consumer Rights Act 2015

**This waiver is legally binding once you create any memorial content.**

#### 4.2.4 Technical Errors and Duplicate Charges

– If you are charged twice due to a technical error, contact office@mysolace.me within 48 hours with:
– Transaction IDs
– Payment confirmation emails
– Screenshots of duplicate charges
– We will investigate and issue a refund for duplicate charges within 5 business days
– This does NOT override the memorial creation non-refundability rule

#### 4.2.5 Chargeback and Payment Dispute Policy

**IMPORTANT: Chargebacks have serious consequences**

– **Before initiating a chargeback:** Contact office@mysolace.me to resolve the issue
– We will respond to legitimate disputes within 5 business days

**If you initiate a chargeback or payment dispute after receiving services:**
– Your account will be immediately suspended
– All memorial content will be locked (not deleted during investigation)
– We reserve the right to pursue legal action for fraudulent chargebacks
– Fraudulent chargebacks may result in:
– Permanent account termination
– Deletion of all memorial content
– Reporting to payment processors and credit agencies
– Legal proceedings to recover losses and fees

**Legitimate Disputes:**
If you have a valid dispute (e.g., unauthorized charge, billing error), please contact us FIRST. We will work with you to resolve it fairly.

**Fraudulent Chargebacks:**
Filing a chargeback after knowingly receiving services constitutes fraud and may result in legal action under UK law.

#### 4.2.6 Payment Disputes Resolution Process

1. **Email us:** office@mysolace.me with subject “Payment Dispute”
2. **Include:** Order ID, transaction date, detailed explanation, supporting evidence
3. **Response time:** We will respond within 5 business days
4. **Resolution:** We will attempt to resolve within 10 business days
5. **If unresolved:** Disputes are handled by Airwallex according to their dispute resolution process

**Airwallex Dispute Process:**
– Airwallex may request additional documentation
– Final decisions are made by Airwallex as the payment processor
– You agree to abide by Airwallex’s final decision

### 4.3 Plan Upgrades and Downgrades

#### 4.3.1 Upgrades
– You may upgrade from a lower plan to a higher plan at any time
– Upgrade cost = (New plan price) – (Original plan price)
– Upgrade is effective immediately upon payment
– All existing memorials are retained

**Example:**
– Original purchase: Pet Plan (€30)
– Upgrade to: Premium Plan (€90)
– Upgrade cost: €60 (€90 – €30)

#### 4.3.2 Downgrades
– Downgrades are NOT supported
– You cannot receive a refund for the difference
– If you need fewer features, simply do not use the extra slots

### 4.4 Account Sharing and Resale Prohibition

– Membership plans are NON-TRANSFERABLE
– You may not sell, gift, or transfer your account to another person
– You may not share your login credentials with others
– Violation may result in immediate account termination without refund

## 5. User Content and Responsibilities

### 5.1 Your Content Rights

– You retain full ownership of all content you upload (photos, videos, messages, and text)
– You grant MySolace a perpetual, worldwide, non-exclusive, royalty-free license to store, display, and distribute your content solely for the purpose of operating the platform
– You represent and warrant that you have all necessary rights to upload and share all content
– You are responsible for obtaining consent from deceased persons’ families before creating memorials
– You confirm that all uploaded content is accurate to the best of your knowledge

### 5.2 Memorial Content Guidelines

**CRITICAL: MySolace is intended for memorials of DECEASED persons and pets only**

Creating memorials for living people without their explicit written consent may:
– Violate these Terms of Use
– Violate applicable laws (harassment, defamation, privacy violations)
– Result in immediate account termination without refund
– Expose you to civil and criminal legal liability
– Result in reporting to law enforcement

**If you suspect a memorial violates this rule, report it to:** office@mysolace.me

### 5.3 Prohibited Content

You agree not to upload, share, or create memorials with content that includes:
– Hate speech, harassment, threats, or violence
– Sexually explicit or obscene material
– Copyright or trademark violations (you must own or have permission to use all content)
– Malware, viruses, spyware, or any malicious code
– False, misleading, or defamatory information
– Spam or phishing attempts
– Any content that violates applicable laws (UK, EU, or your local jurisdiction)
– Content that glorifies or promotes self-harm or suicide
– Misleading or fraudulent memorials
– Impersonation of any person or entity
– Revenge porn or intimate images shared without consent
– Personal information of living individuals without consent (addresses, phone numbers, etc.)
– Medical misinformation or dangerous health advice

### 5.4 Mental Health Support Disclaimer

MySolace is **NOT a mental health service, crisis hotline, or suicide prevention service**.

If you or someone you know is struggling with grief or experiencing suicidal thoughts, please seek professional help immediately:

**Crisis Resources:**
– **National Suicide Prevention Lifeline (US):** 988
– **Crisis Text Line:** Text HOME to 741741
– **Samaritans (UK):** 116 123
– **International Association for Suicide Prevention:** https://www.iasp.info/resources/Crisis_Centres/

## 6. Content Moderation and Removal

We reserve the right to:
– Review, monitor, and moderate user content at our sole discretion
– Remove content that violates these Terms of Use or applicable laws
– Suspend or permanently terminate user accounts for violations
– Retain the right to refuse service to any user at our discretion
– Delete content if it remains inactive for extended periods (90 days notice will be provided)
– Delete content depicting living people without consent
– Delete memorials created for living people
– Issue warnings before termination for minor, first-time violations
– Immediately terminate accounts for serious violations (illegal content, harassment, fraud)

**Content Removal Process:**
1. Content is flagged for review (by automated systems or user reports)
2. Manual review within 5 business days
3. Decision: Remove or Allow
4. Email notification if removed
5. Appeal process available (see below)

**Appeals:**
If your content is removed, you may submit an appeal to office@mysolace.me within 30 days with:
– Subject: “Content Removal Appeal”
– Original content description
– Reason you believe removal was incorrect
– Supporting evidence

We will review appeals within 10 business days.

## 7. Intellectual Property

### 7.1 Ownership and Protection

– MySolace, including all design elements, logos, text, graphics, code, and software, is the exclusive property of TRIAXIS LTD and protected by:
– UK Copyright, Designs and Patents Act 1988
– EU Copyright Directive
– International copyright treaties
– Trademark law
– You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any MySolace content without our prior written permission
– All user-generated content remains the property of the user, subject to the license granted in Section 5.1

### 7.2 Copyright Infringement

If you believe your copyright has been infringed, contact us immediately:

**Email:** office@mysolace.me
**Subject:** “Copyright Infringement Notice”

**Include:**
– Description of the copyrighted work you claim has been infringed
– URL or location of the allegedly infringing material on MySolace
– Your contact information (name, address, phone, email)
– A statement that you have a good faith belief that use of the material is not authorized
– A statement that the information in your notice is accurate
– Your physical or electronic signature

**We will:**
– Investigate within 5 business days
– Remove infringing content if claim is valid
– Notify the uploader of the removal
– Terminate repeat infringers’ accounts

## 8. File Upload Specifications and Security

### 8.1 Technical Requirements

– **Maximum image file size:** 10MB per image
– **Maximum video file size:** 200MB per video
– **Supported image formats:** JPG, JPEG, PNG, GIF, WEBP
– **Supported video formats:** MP4, MOV, AVI
– **Maximum files per memorial:** 50 items (photos + videos combined)
– **Total storage per account:** Subject to plan limits

### 8.2 Security Measures

We implement industry-standard security measures:

**Technical Security:**
– All file uploads are scanned for malware, viruses, and malicious code
– Files are encrypted during transmission using SSL/TLS 1.3+ technology
– Payment information is processed securely through Airwallex (PCI DSS Level 1 compliant) and NEVER stored on our servers
– Data encryption at rest in EU data centers
– Web Application Firewall (WAF) protection
– DDoS protection
– Regular security audits and penetration testing

**Access Controls:**
– Limited employee access to production data
– Multi-factor authentication for admin accounts
– Role-based access control (RBAC)
– Audit logging of all data access

**Monitoring:**
– 24/7 security monitoring
– Unauthorized access attempts are logged and investigated
– Suspicious activity triggers automatic alerts

**User Responsibilities:**
– Use a strong, unique password
– Enable two-factor authentication if available
– Do not share your login credentials
– Report suspicious activity immediately

## 9. Privacy and Data Security

### 9.1 Data Protection

Your personal and memorial data is protected in accordance with our Privacy Policy. We implement industry-standard security measures including:
– SSL/TLS encryption for all data transmission
– Encryption at rest in EU data centers (Hostinger)
– Secure file upload validation with malware detection
– Access controls and security protocols
– Regular security audits and penetration testing
– GDPR compliance for European users
– UK GDPR compliance for UK users
– PCI DSS Level 1 compliant payment processing (Airwallex)

**For detailed information on how we collect, use, and protect your data, please see our Privacy Policy at:** mysolace.me/privacy

### 9.2 Data Breach Notification

In the event of a data breach affecting your personal information, we will:
– Notify you within 72 hours (as required by GDPR and UK GDPR)
– Provide details of:
– What data was compromised
– When the breach occurred
– What we are doing to resolve it
– Recommend security measures to protect yourself (e.g., change password, monitor accounts)
– Provide contact information for questions: office@mysolace.me
– Notify relevant data protection authorities (ICO in UK, supervisory authorities in EU)

## 10. Limitation of Liability

**READ THIS SECTION CAREFULLY – IT LIMITS OUR LIABILITY TO YOU**

MySolace is provided “AS IS” and “AS AVAILABLE” without any warranties of any kind, either express or implied. To the maximum extent permitted by UK and EU law:

### 10.1 We are NOT liable for:

– Loss, corruption, or deletion of memorial data or user content (except in cases of gross negligence)
– Service interruptions, downtime, or technical failures
– Unauthorized access to your account (if caused by user negligence, weak passwords, or credential sharing)
– Indirect, incidental, special, consequential, or punitive damages
– Loss of revenue, profits, business opportunities, data, or goodwill
– Delays in service or data recovery
– Emotional distress, grief, or psychological harm
– Third-party content, links, or services
– Inaccuracy of memorial information provided by users
– Acts of God, natural disasters, war, terrorism, or government actions
– Internet service provider failures or network outages

### 10.2 Service Availability

We do not guarantee that the service will be:
– Uninterrupted, error-free, or bug-free
– Secure against all cybersecurity threats
– Available 24/7 without maintenance windows
– Compatible with all devices, browsers, or operating systems
– Free from data loss or corruption

**Planned Maintenance:**
– We may perform maintenance with or without notice
– We will attempt to schedule maintenance during low-traffic periods
– Critical security updates may be applied immediately

### 10.3 Liability Cap

**Our total liability to you for any claim arising from your use of MySolace shall not exceed:**
– The amount you paid us in the 12 months preceding the claim, OR
– €100 (one hundred euros)
– **Whichever is GREATER**

**This liability cap applies to:**
– All claims, regardless of legal theory (contract, tort, negligence, etc.)
– Claims brought individually or as part of a class action
– Claims by you or any third party

**Exceptions (where liability is NOT capped):**
– Death or personal injury caused by our negligence
– Fraud or fraudulent misrepresentation
– Any other liability that cannot be excluded by UK law

## 11. Termination of Account

### 11.1 MySolace-Initiated Termination

MySolace may suspend or terminate your account immediately, without prior notice or refund, if:
– You violate these Terms of Use
– You engage in fraudulent, illegal, or unethical activity
– Your account is used to harass, threaten, or harm others
– Payment issues, chargebacks, or payment fraud occur
– Your account remains inactive for 24 consecutive months
– You create memorials for living people
– You upload prohibited content (see Section 5.3)
– You attempt to hack, reverse engineer, or exploit the platform
– You engage in spam, phishing, or social engineering attacks
– We are required to do so by law or court order

**Upon termination:**
– Your access will be immediately revoked
– Your memorial content will be locked (may be deleted after 30 days)
– No refund will be issued
– You may appeal within 14 days to office@mysolace.me

### 11.2 User-Initiated Termination

– You may delete your account at any time through your dashboard: **Settings → Delete Account**
– Upon deletion:
– All memorial data will be permanently removed within 30 days
– Your personal information will be deleted per our Privacy Policy
– This action is IRREVERSIBLE – we cannot recover your data
– You will receive email confirmation of deletion
– No refund will be issued for remaining lifetime access

**Before deleting, we recommend:**
– Download any memorial content you wish to keep
– Export photos and videos
– Save any important messages or tributes

### 11.3 Suspension vs. Termination

**Suspension (Temporary):**
– We may suspend accounts pending investigation
– Typically lasts 7-14 days
– You will receive notification and reason
– You may appeal
– Account may be reinstated if investigation clears you

**Termination (Permanent):**
– Account is permanently closed
– All data deleted after 30 days
– No access recovery
– May be subject to permanent ban from creating new accounts

## 12. Data Retention

**We retain data for different periods depending on type and legal requirements:**

– **Active memorial profiles:** Retained indefinitely (or until user deletion)
– **Deleted accounts:** Data retained for 30 days for recovery, then permanently deleted
– **Payment records:** Retained for 7 years (as required by UK and EU tax law)
– **Backup data:** Retained for 30 days for disaster recovery purposes
– **User communication (emails, support tickets):** Retained for 12 months unless otherwise required by law
– **Analytics/usage data:** Retained for 90 days maximum (Google Analytics)
– **Support tickets:** Retained for 12 months for reference and quality assurance
– **Audit logs (security/access logs):** Retained for 12 months
– **Inactive account data:** Accounts inactive for 24+ months may be deleted with 90 days notice

**Data Deletion:**
When data is deleted, it is:
– Removed from production systems within 30 days
– Removed from backups within 90 days
– Overwritten to prevent recovery
– Deleted in accordance with GDPR “right to erasure” requirements

## 13. Service Discontinuation

If MySolace discontinues the service permanently:

**We will:**
– Provide **90 days’ written notice** via email
– Allow you to download your memorial data during this period
– Provide export tools for photos, videos, and text content
– Delete your data per Section 12 after the 90-day period

**Refund Policy upon Service Discontinuation:**
– No refunds will be issued for remaining lifetime access
– This is a risk inherent in purchasing lifetime access to digital services
– We will make reasonable efforts to provide advance warning if financial difficulties arise

**Reasons we might discontinue:**
– Business closure or bankruptcy
– Acquisition or merger
– Legal or regulatory requirements
– Technical or security reasons

## 14. International Data Transfers

**Data Storage and Processing Locations:**

Our servers are located in **Europe (EU data centers via Hostinger)**. However, data may be transferred internationally as follows:

### 14.1 EU/EEA Transfers
– Primary data storage: EU data centers
– Compliant with GDPR Article 45 (adequacy decisions)

### 14.2 Non-EU/EEA Transfers
If your data is transferred outside the EU/EEA, we ensure adequate protection through:
– **Standard Contractual Clauses (SCCs)** approved by the European Commission
– **Data Processing Agreements (DPAs)** with all service providers
– **Compliance with GDPR Article 46** (appropriate safeguards)
– **UK GDPR compliance** for UK-to-third-country transfers

### 14.3 Third-Party Service Providers
– **Airwallex:** May process payment data in EU and Asia-Pacific regions
– **Google (Analytics/OAuth):** May process data in the United States under EU-US Data Privacy Framework
– **Hostinger:** Processes data in EU data centers

**Your Rights:**
You can request information about international data transfers by contacting office@mysolace.me

## 15. Data Protection and Privacy Compliance

### 15.1 General Data Protection Regulation (GDPR) – EU Users

By using MySolace, you consent to our data collection and processing practices as outlined in our Privacy Policy. We process personal data only for the purposes specified in our Privacy Policy.

**Your Rights under GDPR:**
– **Right of access:** Request a copy of your personal data
– **Right of rectification:** Correct inaccurate information
– **Right to erasure:** Request deletion (“right to be forgotten”)
– **Right to restrict processing:** Limit how we use your data
– **Right to data portability:** Receive data in portable format (JSON/CSV)
– **Right to object:** Object to processing of your data
– **Right to not be subject to automated decision-making**
– **Right to lodge a complaint:** With your local data protection authority or the UK Information Commissioner’s Office (ICO)

**To exercise these rights, contact:** office@mysolace.me
**Response time:** We will respond within 30 days

**Legal Basis for Processing:**
– **Consent:** Explicit consent for memorial creation and analytics
– **Contract:** Processing necessary to provide the Service
– **Legitimate Interest:** Fraud prevention, security, service improvement

### 15.2 California Privacy Rights (CCPA/CPRA)

**For California residents:**

You have the following rights under the California Consumer Privacy Act (CCPA):
– **Right to know:** What personal information is collected, used, shared, or sold
– **Right to access:** Request a copy of your personal information
– **Right to delete:** Request deletion of your personal information
– **Right to opt-out:** Opt-out of data sales (we do NOT sell your data)
– **Right to non-discrimination:** We will not discriminate against you for exercising your rights
– **Right to correct:** Correct inaccurate personal information

**For users under 16:**
– We do NOT sell personal information of minors
– Verifiable parental consent required for children under 13
– For users 13-16: Opt-in required for data sale (we don’t engage in sales)

**To exercise California rights:**
– Email: office@mysolace.me
– Subject: “California Privacy Request”
– Provide: Full name, email address, account details, specific request
– We will respond within 45 days (may extend to 90 days if complex)

**Verification:**
We will verify your identity before fulfilling requests to protect your data.

### 15.3 Turkey Privacy Rights (KVKK)

**For users in Turkey:**

Your data is processed according to **Turkish Law No. 6698 on Protection of Personal Data (KVKK)**.

**Your Rights:**
– Access your personal data
– Correct inaccurate or incomplete data
– Request deletion or destruction of data
– Request portability of data
– Object to processing
– Be informed about third-party disclosures

**To exercise these rights:** office@mysolace.me
**Response time:** We will respond within 30 days per KVKK requirements

## 16. Indemnification

**You agree to defend, indemnify, and hold harmless:**
– TRIAXIS LTD
– MySolace
– Our officers, directors, employees, agents, contractors, and affiliates

**From and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:**
– Your violation of these Terms of Use
– Your violation of any law or regulation
– Your violation of any third-party rights (privacy, copyright, intellectual property, etc.)
– Your memorial content or user-generated content
– Your interactions with other users
– Your use of the Service in an unauthorized or unlawful manner
– Your fraudulent activities or misrepresentations
– Chargebacks initiated in bad faith

**This indemnification obligation survives termination of your account and these Terms.**

## 17. Dispute Resolution

### 17.1 Informal Resolution (Required First Step)

**Before initiating any legal action, you MUST attempt informal resolution:**

1. Contact us at: office@mysolace.me
2. Subject line: “Dispute Resolution”
3. Include:
– Your full name and account email
– Detailed description of the dispute
– Supporting evidence (screenshots, emails, transaction IDs)
– Your desired resolution
4. We will respond within 5 business days
5. We will attempt to resolve within 30 days

**Good Faith Requirement:**
Both parties agree to negotiate in good faith to resolve disputes amicably.

### 17.2 Mediation (Optional)

If informal resolution fails, either party may request mediation:
– Mediator: Mutually agreed upon or appointed by UK Mediation Council
– Location: London, United Kingdom (or online via video conference)
– Costs: Split equally between parties
– Mediation is non-binding unless both parties agree to settlement

### 17.3 Formal Resolution (Arbitration or Court)

If informal resolution and mediation fail:

**For UK and EU residents:**
– Disputes will be resolved through binding arbitration or court proceedings in London, England
– You agree to resolve disputes individually and waive the right to pursue class action lawsuits
– The prevailing party may recover reasonable attorney fees and costs

**Governing Law:**
– England and Wales law applies
– Jurisdiction: Courts of London, England

**For EU residents:**
– You retain the right to pursue claims in your home member state for GDPR violations
– EU Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/

**For California residents:**
– CCPA procedures apply
– You may pursue claims in California courts for CCPA violations

### 17.4 Class Action Waiver

**YOU AGREE THAT:**
– Disputes will be resolved on an individual basis only
– You waive the right to participate in class action lawsuits
– You waive the right to serve as a class representative
– You may not consolidate claims with other users

**Exception:** This waiver does not apply where prohibited by law (e.g., certain EU jurisdictions).

### 17.5 Arbitration Rules (If Applicable)

If arbitration is selected:
– Rules: London Court of International Arbitration (LCIA) Rules
– Arbitrator: Single arbitrator mutually agreed upon
– Language: English
– Location: London, United Kingdom
– Award is final and binding
– Limited grounds for appeal under UK Arbitration Act 1996

## 18. Governing Law and Jurisdiction

**Governing Law:**
These Terms of Use are governed by and construed in accordance with the laws of **England and Wales (United Kingdom)**, without regard to conflict of law principles.

**Jurisdiction:**
Any disputes, claims, or causes of action shall be subject to the **exclusive jurisdiction of the courts located in London, England**.

**You agree to:**
– Submit to the personal jurisdiction of London courts
– Waive any objections to venue or inconvenient forum
– Waive any right to trial by jury (if applicable)

**Exceptions:**
– **EU users:** Retain the right to pursue claims in their home member state for GDPR violations
– **California users:** Retain the right to pursue CCPA claims in California courts
– **Turkish users:** Retain the right to pursue KVKK claims in Turkish courts

## 19. Acceptable Use Policy

**You agree NOT to:**

### 19.1 Prohibited Activities
– Create misleading, fraudulent, or fake memorials
– Create memorials for living people without explicit written consent
– Impersonate any person, entity, or MySolace employee
– Circumvent age restrictions or registration requirements
– Access other users’ accounts or memorial profiles without authorization
– Share your account credentials or allow unauthorized access

### 19.2 Technical Abuse
– Attempt to hack, alter, or damage MySolace infrastructure
– Use the service for spam, phishing, social engineering, or scams
– Upload or distribute illegal content, malware, viruses, or malicious code
– Disrupt or overload the service with excessive requests (DDoS attacks)
– Reverse engineer, decompile, or attempt to access MySolace’s source code
– Use bots, scrapers, or automated systems to access the platform
– Scrape, harvest, or bulk download user data
– Bypass security measures, rate limits, or access controls

### 19.3 Content Violations
– Manipulate memorial data or profile information
– Create test/spam accounts for non-legitimate purposes
– Upload copyrighted material without permission
– Upload content that violates third-party rights
– Use the platform to defame, harass, or harm others

### 19.4 Commercial Misuse
– Use MySolace for unauthorized commercial purposes
– Resell or redistribute MySolace services
– Use memorial profiles for advertising or marketing without consent
– Monetize memorial content in violation of our policies

**Violations may result in:**
– Warning and content removal
– Temporary account suspension
– Permanent account termination
– Legal action and reporting to law enforcement
– Liability for damages and attorney fees

## 20. Third-Party Links and Services

MySolace may contain links to third-party websites and services (Airwallex, Google, social media, etc.).

**We are NOT responsible for:**
– The accuracy, content, or functionality of third-party websites
– Privacy practices or security measures of third-party services
– Any transactions or interactions with third parties
– Third-party terms of service or privacy policies
– Availability or uptime of third-party services
– Data breaches or security incidents at third-party services

**Your Responsibility:**
– Review third-party terms and privacy policies before use
– Use third-party services at your own risk
– Report suspicious third-party links to office@mysolace.me

**Third-Party Services We Use:**
– **Airwallex:** Payment processing (https://www.airwallex.com/terms)
– **Google OAuth:** Authentication (https://policies.google.com/terms)
– **Google Analytics:** Website analytics (https://marketingplatform.google.com/about/analytics/terms/)
– **Hostinger:** Web hosting (https://www.hostinger.com/terms)

## 21. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:
– That provision shall be modified to the minimum extent necessary to make it valid and enforceable
– If modification is not possible, the provision shall be severed from these Terms
– The remaining provisions shall remain in full force and effect
– The invalidity of one provision does not affect the validity of other provisions

**Examples:**
– If the class action waiver is found unenforceable in your jurisdiction, it will be severed, but all other terms remain valid
– If a specific liability limitation is unenforceable, other limitations still apply

## 22. Entire Agreement

These Terms of Use, together with:
– Our Privacy Policy (mysolace.me/privacy)
– Our Cookie Policy (mysolace.me/cookies)

Constitute the **entire agreement** between you and TRIAXIS LTD regarding your use of the Service and supersede all prior:
– Understandings
– Agreements
– Representations
– Warranties

**No oral agreements:**
No oral or written information or advice given by MySolace employees, contractors, or agents shall create a warranty or modify these Terms.

## 23. Changes to Terms of Use

We may update these Terms of Use periodically to reflect:
– Changes in our services, features, or technology
– Changes in legal or regulatory requirements
– Security improvements or new security measures
– Changes to third-party service providers
– Clarifications or corrections
– Other operational reasons

### 23.1 How We Notify You

**For minor changes (clarifications, typos, formatting):**
– Changes will be posted on this page with an updated “Last Updated” date
– Effective immediately upon posting

**For significant changes (refund policy, pricing, major features):**
– Email notification will be sent to your registered email address
– 30 days’ notice before changes take effect
– You may terminate your account before changes take effect if you disagree

**Significant changes include:**
– Changes to refund policy
– Changes to pricing or payment terms
– Changes to data retention policies
– Changes to liability limitations
– Changes to dispute resolution procedures

### 23.2 Your Acceptance

Your continued use of MySolace after changes indicates your acceptance of the modified terms.

**If you do not agree with changes:**
– You must stop using the service before the effective date
– You may delete your account
– No refund will be issued for remaining lifetime access

## 24. Contact Information

For questions, concerns, support requests, or disputes regarding these Terms of Use, please contact us:

**Email:** office@mysolace.me
**Response Time:** We will respond to inquiries within 30 days (5 business days for urgent matters)

**Website:** mysolace.me

**Mailing Address:**
TRIAXIS LTD
71-75 Shelton Street
Covent Garden
London WC2H 9JQ
United Kingdom

**Support Hours:**
– Email support: 24/7 (responses within 24-48 hours)
– Urgent issues: office@mysolace.me with subject “URGENT”

**For Specific Issues:**
– Payment disputes: office@mysolace.me (Subject: “Payment Dispute”)
– Copyright claims: office@mysolace.me (Subject: “Copyright Infringement”)
– Privacy requests: office@mysolace.me (Subject: “GDPR/Privacy Request”)
– Account deletion: Settings → Delete Account (or email us)

**Document Version:** 3.0
**Last Updated:** January 31, 2026
**Effective Date:** January 31, 2026
**Applicable Jurisdictions:** United Kingdom, EU (GDPR), California (CCPA), Turkey (KVKK), and all countries where MySolace operates

## Important Notices

### ⚠️ For Memorial Creators
– **ONLY create memorials for deceased persons and pets**
– Obtain family consent when creating memorials
– Memorial content is permanent and may be indexed by search engines
– Even after deletion, content may exist in web archives or backups for up to 90 days

### 🔒 For Data Protection
– We comply with UK GDPR, EU GDPR, CCPA, KVKK, and UK data protection laws
– Your data is backed up in EU data centers (Hostinger)
– You can delete your account and all data anytime through Settings → Delete Account
– We use SSL/TLS encryption and PCI DSS Level 1 compliant payment processing

### 💳 For Payment (READ CAREFULLY)
– **All payments are ONE-TIME (no recurring charges or subscriptions)**
– **Refunds ONLY available within 14 days IF NO memorial created**
– **Once you create ANY memorial, purchase is FINAL and NON-REFUNDABLE**
– Airwallex handles all payment security (PCI DSS Level 1 compliant)
– By purchasing, you waive EU/UK right of withdrawal once you create content

### 📧 Confirmation Email
After purchase, you will receive an email confirming:
– Your purchase is non-refundable after creating a memorial
– You have 14 days to request refund if no memorials created
– By creating a memorial, you waive your right to withdrawal under EU/UK law

## Acknowledgment and Agreement

**By using MySolace, you acknowledge that you have:**
– Read and understood these Terms of Use in their entirety
– Read and understood our Privacy Policy and Cookie Policy
– Agreed to be bound by all terms, conditions, and policies
– Understood the refund policy and waiver of withdrawal rights
– Understood that creating a memorial makes your purchase non-refundable
– Agreed to resolve disputes individually (class action waiver)
– Consented to jurisdiction in London, England for legal disputes

**If you do not agree with any part of these Terms, you must not use MySolace.**

**END OF TERMS OF USE**
“`

# 📧 EMAIL TEMPLATE – POŠALJI ODMAH POSLE PURCHASE-A
“`
Subject: ⚠️ MySolace Purchase Confirmation – Non-Refundable After Memorial Creation

Dear [User Name],

Thank you for purchasing the [Plan Name]!

══════════════════════════════════════════════
⚠️ IMPORTANT: PLEASE READ CAREFULLY
══════════════════════════════════════════════

YOUR PURCHASE IS NON-REFUNDABLE ONCE YOU CREATE A MEMORIAL PROFILE.

✅ You have 14 days to request a refund IF you do not create any memorials.
❌ Once you create a memorial, the purchase becomes FINAL and NON-REFUNDABLE.

By creating a memorial, you waive your right to withdrawal under EU/UK consumer law.

══════════════════════════════════════════════

Purchase Details:
─────────────────
Plan: [Plan Name]
Price: €[Amount] EUR
Date: [Date]
Order ID: [Order ID]
Transaction ID: [Airwallex Transaction ID]

Your Benefits:
─────────────────
[List of what they can do based on plan]

Need Help?
─────────────────
If you have questions or need support, contact us:
📧 office@mysolace.me

Refund Policy:
─────────────────
– Refunds available within 14 days
– ONLY if NO memorial profiles created
– Once ANY memorial is created = NO REFUND

To request a refund (if eligible):
Email: office@mysolace.me
Subject: “Refund Request – [Order ID]”

══════════════════════════════════════════════

Keep Memories Alive 🕊️

MySolace Team
TRIAXIS LTD

══════════════════════════════════════════════
This is an automated confirmation email.
Purchase Date: [Date]

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